South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Li’l Cricket Food Stores, Inc., d/b/a, Li’l Cricket 213

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Li’l Cricket Food Stores, Inc., d/b/a, Li’l Cricket 213
 
DOCKET NUMBER:
04-ALJ-17-0341-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

Walter B. Todd, Jr., Attorney
Attorney for Li’l Cricket Food Stores, Inc.
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Li’l Cricket Food Stores, Inc., d/b/a Li’l Cricket 213, located at 407 S. Main Street, Woodruff, South Carolina, had violated 23 S.C. Code Ann. Regulation 7-200.4 (Supp. 2004), by “permitting the purchase of beer by a person under the age of twenty-one.” Prior to the hearing scheduled for Thursday, March 24, 2005, the parties resolved the matter. That resolution is incorporated into this consent order as set forth below.

1.Li’l Cricket Food Stores Inc., d/b/a Li’l Cricket 213 (Li’l Cricket) admits that on May 6, 2004, it permitted a person under the age of twenty-one purchase beer from its licensed location at 407 S. Main Street, Woodruff, South Carolina in violation of Reg. 7-200.4. At this location Li’l Cricket holds a beer and wine permit that authorizes it to sell beer and wine for off-premises consumption.

2.For this violation Li’l Cricket agrees to serve a suspension of its beer and wine permit for the location noted in “1” for a period of sixty days. This suspension will begin on Thursday, March 24, 2005, and run continuously from day to day until the suspension has been served. Further, Li’l Cricket agrees that it may not sell, lease, sublease, or otherwise transfer this location prior to the completion of service of this suspension.

3.Further, Li’l Cricket agrees to remit a monetary fine in the amount of $1,000.00 to the Department, no later than 5:00 p.m. on March 24, 2005.

4.In consideration of the above, and based specifically on the facts of this case as well as the alcohol sales procedures put in place by Li’l Cricket at this location prior to this violation, the Department accepts the suspension and fine in satisfaction of the violation in this matter.

The parties freely and voluntarily entered into this agreement. Further, the parties agree that this constitutes the full and final resolution of this violation and such is resolved with prejudice. Failure to comply with the specific terms set forth herein will result in the imposition of the original penalty as set forth in the Department’s Final Determination dated October 8, 2004.

I find this agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. This court retains continuing jurisdiction to enforce this Order. As Respondent no longer requires a hearing on this matter, I also Order this matter Resolved With Prejudice.AND IT IS SO ORDERED.

_______________________________

March 29, 2005Honorable Ray N. Stevens

Administrative Law Judge


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